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JULY 2023
Legally Brief With Kevin Patrick Automobile accidents | Daycare injuries | wrongful death
Tread Carefully After an Accident WHAT YOU SAY CAN MAKE OR BREAK YOUR CASE
Long ago, in another life, I was a defense attorney representing insurance companies. This experience showed me exactly how insurance companies operate, and now I can better advocate for my clients because of it. With this knowledge, I know precisely how clients should interact with these insurers and especially how not to. Whatever you say in conversation with an insurance company can be used against you. So, it’s best to keep a few things in mind before you pick up the phone.
fine” can be used against your injury claim. Tread carefully, as you never know what can be misconstrued and used against you. One piece of information they may directly ask for is your medical records, but this isn’t required from you whatsoever. No law forces you to share your medical history with insurance companies, and you have every right to keep this information private. We will
share with them only the relevant medicals, like ER treatment, in the context of settlement negotiations. Similarly, you don’t have to provide any salary information if you haven’t lost wages due to your accident. This is all personal information that can remain confidential to keep your case strong. Lastly, you may find that an insurance company will make a settlement right out of the gate. While this may seem nice, and you just want to wash your hands of the ordeal,
The first matter I want to discuss is that yelling at them will get you nowhere and can even make matters worse. I understand how frustrating it can be to find yourself injured after an accident and somehow end up with the bill. While emotions will undoubtedly be high, and for a good reason, treating an insurer poorly won’t solve your problem. In fact, they may be less willing to help you if they are treated inconsiderately. Be respectful, tell them your claim number, and proceed professionally.
WITH THIS KNOWLEDGE, I KNOW PRECISELY HOW CLIENTS SHOULD INTERACT WITH THESE INSURERS AND ESPECIALLY HOW NOT TO.
you’re likely missing out on a larger offer. These companies are looking to mitigate your claim. While they may provide a thousand-dollar settlement, you will probably discover that your expenses will keep adding up even after your payment is finalized. The injuries you sustain from an accident can lead to ongoing medical care that will continue to cost you in the months or even years to come. That’s why I always recommend my clients negotiate their settlement after their medical care is completed or when their doctor discerns how long it will take for this injury to heal. Never accept the first offer they give you! Due to my background with insurance companies, I know the ins and outs of how they proceed when someone endures an accident. If you or someone you know needs help navigating the legal process after an accident, contact our team at (404) 566-5880 . We’ll negotiate with insurance companies and give you the settlement you deserve.
Professionally is the key word here, as you don’t want to become overly friendly and end up sharing information that’s best kept private. There’s a distinct separation between what you should and shouldn’t share with an insurance company. Give them the information they require, and not too much more. Whatever conversation you
have with them will be recorded, and they can use that recorded conversation as evidence to discredit you if possible. A simple statement such as “I’m feeling
This publication is for informational purposes only, and no legal advice is intended.
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GWYNETH PALTROW VS. TERRY SANDERSON — WHEN SKIERS COLLIDE A Battle of He Said, She Said
When you read about celebrity court cases, you probably think of music contract disputes, messy divorces, and settlements with ridiculously high dollar amounts. But the trial between Gwyneth Paltrow and Terry Sanderson was unlike any other. It regarded a ski slope collision that occurred seven years ago. On Feb. 26, 2016, Paltrow and Sanderson were at the Deer Valley Resort in Utah. They both enjoyed the slopes until a tragic accident occurred. The collision caused Sanderson to suffer a concussion, a brain injury, and four broken limbs. In January 2019, Sanderson filed a $3.1 million lawsuit against Paltrow. In return, Paltrow countersued for $1 plus attorney fees. Sanderson argued that Paltrow collided with him from behind while she skied on a beginner’s slope with an instructor. He
also mentioned that his injuries prevented him from coping with life. Paltrow argued that Sanderson was the one who struck her from behind. When pictures of the collision appeared in court, it showed Paltrow
email between Sanderson and his children, he stated that he would be famous after the accident made the tabloids. So, how did the case end? After determining that Paltrow was the downhill skier, according to the images shown in court, they turned to the sport’s rules. According to the rules, the person further down the mountain (the downhill skier) has the right of way. This means that the person closest to the top of the mountain must yield.
on top of Sanderson — which could only happen if Paltrow was struck from behind.
Additionally, Paltrow’s lawyers argued that Sanderson sued Paltrow
to “exploit her celebrity and wealth.” Evidence strengthens this point because while Sanderson said he couldn’t cope with life, documents showed that he had taken multiple international
The jury found Paltrow not liable and awarded her $1 and legal fees. To Paltrow, this case was not about the money. She felt like her character and integrity had been threatened and she simply wanted
and domestic trips since the accident. Furthermore, in an
to prove the allegations were false.
Celebrate 54 Years of the Peachtree Road Race HOW I MADE THE PATRIOTIC RACE EVEN HARDER
It’s that time of year again! As Independence Day festivities came our way, so did the annual Peachtree Road Race. I’m sure you’ve heard me talk plenty about how much I treasure running this July 4th race with countless other runners, but I decided to do something a little bit different this year. Since I recently turned 40, I decided to run this year’s patriotic 10K race with a 40-pound weighted vest! You probably think I’m crazy (everyone has already told me!), but I wanted to challenge myself this year. I’ve been running this race every year since I was 14 years old, and I’ve been running this route for decades. I decided it was time I packed on the challenge and the weight! While it was undoubtedly a much-needed challenge, I’m not sure I’ll be increasing the weight in the years to come …
It did feel great to be back on the Peachtree Road Race route I know so well. Running with my community and being cheered on by my wife and kids will always be my favorite way to celebrate the Fourth of July. This year was the 54th Annual Peachtree Road Race, and I was thrilled to witness how the race gets bigger and better every year.
The first Peachtree Road Race was on July 4, 1970, when 110 runners completed the 6.2-mile race on the corner of Peachtree and Roswell Road. It was in the following year when the now-famous Peachtree T-shirts were first handed out to those who reached the finish line! Gone are the days of the historic race only featuring a few thousand runners. Now, nearly 60,000 athletes participate in the Peachtree Road Race, and over 100,000 people line the Atlanta streets to observe it. This race has certainly become one of the grandest summer events in Atlanta, and I’ll always be grateful for the opportunity and my good health to participate. If you didn’t get the chance to run or cheer on the race this year, I hope you can make it to the 55th Annual Peachtree Road Race next year. If you do, you’ll most definitely see me there!
You can always reach Kevin directly at 404.566.8964 or Kevin@PatrickTrialLaw.com. (If you ever need it, his cellphone is 404.409.3160.)
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Is This Insurance Coverage Mandatory? Understand MedPay and How It Works
WHAT DOES MEDPAY COVER? After you experience a vehicular accident, whether as a driver, passenger, or pedestrian, then MedPay can cover the following:
You may have heard of MedPay before but are not entirely sure what it is and how it works. Don’t worry; not many people do! MedPay, also known as medical payment coverage, is an add-on to an auto insurance policy. While MedPay is required in some states, it is completely optional in Georgia. WHAT IS MEDPAY? The additional coverage is meant to help cover the costs of medical expenses after an auto accident, no matter who’s responsible. MedPay can cover medical costs for you and any passengers in your car. This additional coverage can also help cover expenses when you aren’t behind the wheel, such as when you’re a pedestrian, on public transport, or a passenger in someone else’s vehicle. MedPay is an inexpensive option that can come in handy for those who cannot afford the medical expenses that occur after an accident. If you also have health insurance, MedPay can cover the remaining deductible. If you don’t have health insurance, then MedPay may bring you peace of mind about how you’ll be able to afford medical care.
• • • •
Ambulance fees
• • •
Funeral expenses
X-rays
Health insurance co-pays Injury treatment: medical, dental, and chiropractic care
Hospital visits
Surgeries and procedures
How much can be covered is determined by your policy’s limit. However, these medical treatments are all eligible under MedPay.
HOW DO I GET REIMBURSED AFTER AN ACCIDENT? Understanding the ins and outs of MedPay after an accident, whether you’re at fault or not, can be confusing. Fortunately, the Kevin Patrick Law team is fully equipped to handle any questions you may have about MedPay, including how to receive the reimbursement you deserve. If you or someone you know would like guidance on how to do so, call our team at (404) 566-5880 .
Take A Break
Grilled Steak Salad With Peaches
This summer salad is both hearty and healthy! Ingredients
• 1 lb skirt steak, fat trimmed • 1/4 cup balsamic vinegar • 1 clove garlic, minced • 1 tbsp light brown sugar • 1 tbsp vegetable oil • Kosher salt
• Black pepper • 1/4 cup extra-virgin olive oil • 1 large lemon, juiced • 6 cups baby arugula • 2 ripe peaches, thinly sliced •
1/3 cup crumbled blue cheese or feta
Directions 1. In a large resealable plastic bag or baking dish, combine steak, vinegar, garlic, and brown sugar. Marinate 20 minutes at room temperature. 2. Remove steak from marinade, coat with vegetable oil, and season generously with salt and pepper. 3. On a grill or pan set to high heat, cook steak until desired doneness. Rest 5–10 minutes, then thinly slice against the grain. 4. In a small bowl, whisk olive oil and lemon juice to make dressing. Season with salt and pepper. 5. In a large serving bowl, add arugula, peaches, blue cheese or feta, and steak. Drizzle with dressing and gently toss.
Solution
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Inside This Issue 1 Insurance Company Do’s and Don’ts 2 Gwyneth Paltrow Won Her Case and Received … $1?
The 10K Run I Can’t Get Enough Of!
3 What Is MedPay?
Grilled Steak Salad With Peaches
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4 WD-40 Has Over 2,000 Uses
You Can Do What With WD-40?
It’s More Than a Lubricant!
If you’ve looked into your cabinets, you might find a can of WD-40 lying around. That’s good because it has more capabilities than just lubricating rusted parts. Did you know that WD-40 has over 2,000 uses? You read that right — you can use it for all kinds of things! Here are a few of our favorite uses.
make them waterproof! WD-40 acts as a barrier, meaning that moisture won’t be able to seep into your shoes and get your socks wet. REMOVING PAINT SMUDGES FROM CARS Sometimes when you’re out and about, your car can get dinged as other drivers open their doors. A shopping cart might even collide with your vehicle and leave a paint smudge. But there’s no need to spend hours trying to remove the smudge. Simply spray the area with WD- 40 and wipe it clean with a rag. GETTING RID OF STICKY RESIDUE Trying to peel off a sticker or label without leaving any residue can be difficult. To help with this issue, spray WD-40 on the residue, wait a few minutes, and then wipe it away with a cloth. Then voila! No more annoying residue! Can you believe that WD-40 can be used for all this and more? It’s mind-blowing how many uses it has. Learn more about what you can do with this incredible multi-functional item at WD40.co.uk/tips-and-tricks/uses-for-WD40 .
CLEANING CARPETS It can be difficult and expensive to deep-clean your carpet to remove those pesky stains. However, if you spray the stains with WD-40, wait a few minutes, and then use a sponge and soapy water, you can get those stains out in no time! If you go through this process and the stains remain, retry the above steps or try a carpet cleaner with soapy water. INSTANTLY WATERPROOFING SHOES No one likes going outside when it’s raining. While you can purchase water-resistant sprays for your shoes, you may have to wait a day or two before wearing them. But if you spray your shoes with WD-40, you can instantly
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